HomeMy WebLinkAboutAgenda Report - November 7, 1990 PHCITY OF LODI
PUBLIC WYORKS DEPARTMENT
COUNCIL COMMUNICATION
To: City Council
FROM: City Manager
MEETING DATE: November 7, 1990
AGENDA TITLE: Public Hearing Regarding Modification of Sewer Ordinance
RECOMMENDED ACTION: That the City Council introduce an ordinance
repealing Lodi Municipal code Chapter 13.12, Sewer Service, and reenact
a new ordinance relating to sewer service.
BACKGROUND INFORMATION: In July 1988 the Environmental Protection
Agency (EPA) performed an audit of our required industrial pre-treatment
program. The EPA audit outlined deficiencies in our present Sewer
Ordinance. The proposed changes in the ordinance have been reviewed
with the City Council at its shirtsleeve session on October 9, 1990.
Attached is a memo dated October 4, 1990, which outlines the tr-Ajor
changes. Also attached is the proposed ordinance showing all deletions,
additions, and changes.
On October 18, 1990, the Water/Wastewater Superintendent and Assistant
Superintendent met with the Chamber's Industrial Relations Committee and
discussed the proposed changes. There were no major concerns brought
forth at thatm ing.
ack L. Ronsko
l' Works Director
JLR/FB/ sh
Attachments
cc: Lodi Chamber of Commerce
Water/Wastewater Superintendent
APPROVED:
THOMAS A. TER.
FILE Y0.
1090WR.22 October 29, 1990
iIEMORANDUM, City of Lodi, Public Works Department
T0= City Manager
FROM: Public Works Director
DATE= October 4, 1990
SUBJECT: Required Changes in the Lodi Municipal Code Chapter
13.12 - Sewer Service
The major reason for revising Lodi Municipal Code (L.M.C.) 13.12 i s
due to federal pretreatment regulations being enforced by the
Environmental Protection Agency (EPA) and the California Regional
Water Quality Control Board (RWQCS). The deficiencies in our legal
authority (L.M.C. 13.12) were outlined in the attached January 25,
1989 report on a pretreatment program audit by EPA and RWQCB.
Most changes are correcting deficiencies related to reporting
requirements, discharge permits, references to federal statutes,
definitions to equal federal definitions, public notice of violation
and defensible local discharge limits.
Other changes to L.M.C. 13.12 were needed to clean up terms and
language for uniformity and accuracy. Also there are changes to
reflect actual procedures used in billing, for example we do not
recalculate costs for the domestic system annually, thus the term
annually was taken out.
All major changes in the revised ordinance (attached)will be reviewed
with the City Council at the shirt sleeve session on October 9, 1990
The significant changes, by section, are as follows:
Section 13.12.020
Definitions were added and corrected to meet federal standards.
section 13.12.030
Per recommendation of a commissioned study by Black and Veatch
Engineers, new language and restrictions on discharging materials that
are potentially explosive in the collection system and/or that can
cause contamination of the atmosphere in confined spaces such as
manholes.
Section 13.12.110
D. Replace old discharge limits with technically based local
limits per EPA guidelines.
H. changed the "Total Dissolved Solids" (TDS) limit of 750 mg/L to
a "Fixed Total Dissolved Solids" limit of 600 mg/L. This test
is more specific to TDs that cannot be treated at the White
Memorandum, City of Lodi, Public Works Department
October 4, 1990
Page 2
slough treatment facility. This will help industries who could
not meet the old limit because of treatable TDS in their
effluent.
Moved two parts, I. and J., to more appropriate sections of the
ordinance.
Section 13.12.170
Gave users, or potential users, the responsibility to give the city
reasonable estimations of wastewater discharge or units of measure for
classification and fee assessment purposes. t
Section 13.12.215
This is a new section clarifying sewage service and connection fee
adjustments and additions.
Section 13.12.245 (and 13.12.520)
The ability to recover costs for inspections, sampling, and laboratory
analysis services. This has users paying for their share of required
monitoring services provided by the City. The actual fee schedule to
be established and adjusted from t -'—e to time by resolution.
Section 1.3.12.550
The City cannot waive limits set by the federal pretreatment program.
Section 13.12.640
The right to immediately disconnect any user under certain
circumstances per federal pretreatment standards.
Section 13.12.650
A new section that addresses the federally required public notice of
violation the -)City must annually publish.
' f
/. L 1 X
4ac \L. Ronsko
Public Works Director
JLR/ FB/ sh
Attachments
cc= water/Wastewater Superintendent
Assistant Water /wastewater Superintendent
Wastewater Treatment Plant Supervisor
1090wr.02
ORDINANCE NO. 1501
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING LODI MUNICIPAL CODE CHAPTER 13.12 - SEWER SERVICE -
AND REENACTING A NEW ORDINANCE RELATING TO SEWER SERVICE
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.12, Sewer Service, is repealed in it's
entirety and a new ordinance relating to sewer service is reenacted as follows: 4
(Parts removed from the existing code are in strikeeat and additions are
underlined. Changes required by federal pretreatment standards are in bold type.
Explanatory notes which will be removed on the final version are in dQubJa
under )
Chapter 13.12
SEWER SERVICE
sections:
Article I. General Provisions
13.12.010 Purpose and policy.
13.12.020 Definitions.
Article 11. Discharge Restrictions
13.12.030 Prohibited discharges.
13.12.040 Storm drainage and groundwater.
13.12.050 Unpolluted water,
13.12.060 Septic tanks.
1
13.12.070
Radioactive wastes.
13.12.080
Garbage grinders.
13.12.090
Direct discharge -Use of service sewer.
13.12.100
Holding tank waste.
13.12.110
Restricted discharges.
13.12.115
Grease, oil, and sand interceptors.
13.12.120
Federal industrial requirements.
13.12.130
Industrial waste permits.
13.12.140
Other legal restrictions.
13.12.150
Connections outside city.
13.12.160
Screening of industrial waste.
Article 111. Service Charges and Connection Fees
13.12.170 Classification.
13.12.180 Domestic system service charges.
13.12.190 Domestic system connection fees.
13.12.200 Industrial system service charges.
13.12.210 Industrial system connection fees.
13.12.215 Adjustments and additions.
13.12.220 Storm drain and cooling water service charges.
13.12.225 Storm drainage impact fee.
13.12.230 Holding tank waste charges.
13.12.240 -Schedule-ef-eharges-and-fees-
Charges and fees.
13.12.245 Sewer-serdiee-eenneetfen-fee-sehedtile:
Schedule of charges and fees.
13.12.250 Billing and collections.
13.12.260 Appeals.
2
r --
Article IV.
Construction Generally.
13.12.270
Permit.
13.12.280
Design standards.
13-12.290
Application for service.
Article V.
Extensions
13.12.300
Purpose.
13.12.310
Application.
13.12 .320
Applicant's obligation.
13.12.330
Extension for full frontage width.
13.12.340
Minimum diameter.
13.12. 350
Reimbursement Application.
13.12.360
Reimbursement Agreement.
13.12.370
Reimbursement Oversize mains.
13.12.380
Reimbursement—City eligibility.
13.12.390
Reimbursement Payment.
13.12.400
Reimbursement—Entitlement letter.
13.12.410
Reimbursement Unclaimed.
Article VI.
Administration
13.12.420
Discharge
reports.
13.12.430
Discharge
permit—Required.
13.12.440
Discharge
permit—Optional.
13.12.450
Discharge
permit—Application.
13.12.460
Discharge
permit—Conditions.
13.12.470
Discharge
permit—Term—Changes Renewal.
13.12.480
Discharge
permit—Transfer.
13.12.490
Discharge
permit—Suspension.
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13.12.500 Discharge permit -Revocation.
13.12.510 Monitoring facilities.
13.12.520 Inspection, -and sampling, monitoring and analysis,
13.12.530 Accidental discharge prevention.
13.12.540 Confidential information.
13.12.550 Special agreements.
Article
VII.Enforcement
13.12.560
Accidental discharge notice.
13.12.570
Cease and desist order.
13.12.580
Compliance timetable.
13.12.590
Appeals.
13,12.600
Liability.
13.12.610
Injunction.
13.12.620
Damage to feeilities Sewerage system Charge.
13.12.630
Civil penalties.
13.12.640
Termination of service.
z 11 Asn
u ,ti,1 ; ,.. +-; �„-F ; ^I m+-; ,,,,
Article I. General Provisions
13.12.010
Purpose and policy. These wastewater discharge regulations set uniform
requirements for discharges of domestic, ir)o.ustrial waste and storm
drainage water into the city sewerage system to enable the city to comply
with the administrative provisions of the Clean water Grant Regulations,
water quality requirements set by the Regional Water Quality Control Board
and the applicable effluent limitations, national standards of performance,
4
(rev.10/10/90)
toxic and pretreatment effluent standards, and any othQr:discharge criteria which
are required or authorized by state or federal law, and to derive the maximum
public benefit by regulating the quality and quantity of wastewater discharged into
those systems. (Prior code S 20-1)
13, 12.020
Definitions. Unless otherwise defined in this chapter, terms shall be as adopted
in the latest edition of Standard Methods for the Examination of Water and
Wastewater, published by the American Public Health Association, the American Water
Works Association, and the Water Pollution Control Federation. Waste constituents
and characteristics shall be measured by the�arsddrd-?�et7�ed;-an}eas-ex�raaa3�
stated 7 -or -as �stebi3-sem ice*- f eden�-atrY--rc-l�toiry- �gerreies approved methods
as defined below, The following words shall have these meaning(s):
1. "Approved methods" means the analytical methods listed in the Federal
Register 40 C_' Part 136, unless expressly stated, or as established by federal or
state regulatory agencies.
1..2. "Bedroom (s)" means room (s) of a residential user designed or used primarily
for sleeping purposes as determined by the city based on criteria such as those
rooms having closets.
273. "Biochemical oxygen demand (BOD)" means the amount of dissolved oxygen
required to meet the metabolic. needs of aerobic microorganisms in water containing
organic matter as determined by approved methods in--ti+rtlz-atnr►ded
analytic&I-procedures and, unless otherwise noted, exerted in a period of five
days at twenty degrees Celsius.
4. "Hy -pass" means an intentional diversion of waste or wastewater from any
portion of an industrial users treatment facility.
375. "Chemical oxygen demand (COD)" means the oxygen equivalent of to at
portion in a sample that is susceptible to oxidation by a strong chemical
5
(rev 10/10/90)
oxidant as determined by approved methods in-aeeerdanee-wrtk-�--size-�yfi-i
procedures.
4-5. "Commercial user" means any user of the sewerage system except those
specifically classified as residential user or industrial user.
5_7. "Community sewer or collection system" means a sewer owned and
operated by the city tributary to the a treatment plant. It includes, but is not
limited to sanitary and industrial, pumping stations, syphons, canal crossings,
manholes, and sewers leading from the property line or easement line to the
collection sewer.
6-8. "Compatible pollutant'' means biochemical oxygen demand, suspended
solids, -pH and fecal coliform bacteria, plus additional pollutants
identified in the city's National Pollutant Discharge Elimination System
(NPDES) permit.
:1-.9. "Connection fee" means a erre-tune charge,, as described in this chapter,
levied on new construction £crthe-eej3eetion-system, The fee
is normally paid at the time of issuance of a building permit.
8-10. "Contamination" means an impairment of the quality of the receiving
waters by waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.
9-11. "Critical user" means a user who is required to obtain a permit, as
defined in Article Vi of this chapter.
i9-12, "Dissolved solids" means residue upon evaporation of water after
filtration as determined by approved methods �n-aec-c>rdence --, t+rstersdnrd-aaa�ytica�
�reeedarea Also termed "total dissolved solids" or "TDs."
1:13. "Domestic sewage" means the waterborne wastes derived from the ordinary
living processes and of such character as to permit satisfactory disposal, without
special treatment, into the community sewer.
"Domestic system" means a Portion of the sewerage system and
6
treatment facility used primarily for domestic sewage.
13 --J --drain--9ystenVI--means-wry--eenduit--fat--the- -of
stermwater-er- s�sfece- or- dte-i�tage- -te -t-he -sewerage-system
(See # 48)
15. "Employee" means, for "unit of measure" purposes, the total number of
all classifications of employees from all shifts that physically work at the
site producing the wastewater discharge. Temporary or part time employees
shall be prorated to =hei: time equivalent to a full time employee.
14.16. "Federal Act or Federal Regulations" means the .federal Water
Pollution Control Act, PL 92-500, and any amendments -thereto; as well as any
guidelines, limitations and standards promulgated by the Environmental
Protection agency pursuant to the Act including the Federal Register, 40 CFR
Subchagzes. 1V ful pretzeatmegl* Cations and the deral Clean Water Act.
17. "Fixed total dissolved solids" means residue upon evaporation of water
and heating to five hundred and fifty degrees centigrade after filtration as
determined by approved methods.
18. "Gpd or gpd" means gallons per day.
1-5-19. "High strength user" means a user with discharge volume in excess
of 0.2 MGY or a daily average waste strength in excess of the limitations in
Section 13.12.110 or in excess of three hundred milligrams per liter BOD
and/or three hundred milligrams per liter SS and/or nine hundred milligrams
per liter COD or as determined by the public works director.
16.20.. "Holding tank waste" means any domestic waste from holding tanks,
contained in vessels, chemical toilets, campers, trailers, septic tanks,
vacuum tank trucks, or other stationary or mobile sources.
17-21. "Industrial system" means the portion of the sewerage system used
primarily for industrial waste which discharges directly to the ponding and
7
(rev 10/10/90)
irrigation system at the treatment plant.
15-22. "Industrial user" means a user who discharges industrial waste to
the sewerage system. Any user of a publicly -owned treatment works identified
in the U.S. Standard Industrial Classification Manual, 1992; 1987, under the
following divisions:
Division A Agriculture, Forestry, and Fishing
Division B, Mining
Division D Manufacturing
Division E Transportation, Communications, Electric, Gas and Sanitary
seri•` ce
Division I Services
A user in these divisions may be excluded from the industrial user category
if the discharge is essentially domestic sewage. See also "User" ��beetie�-
44-ef-tris-seetion.
}9723. "Industrial waste" means the waterborne waste and wastewater from
any production, manufacturing or processing operation of whatever nature,
including institutional and commercial operations, where water is used for
the removal of significant quantities of waste other than from human
habitation of premises connected to the domestic or industrial sewers.
contents of chemical toilets, septic tanks, waste holding tanks and waste
sumps shall be classed as industrial waste.
28-24. "Interference" means the inhibition or disruption of the sewer
system, treatment processes or operations of the treatment plant which
contributes to the violation of its discharge requirements including
inhibition or disruption of sludge disposal practices or compliance with any
of the statutory authorities listed in the Federal Register 40 CFI,� Part 403.3(1).
T
903.3(1).
81.25. "mgd or MGD" is the abbreviation for million gallons per day.
22-26. "MGY" is the abbreviation for million gallons per year.
23.27. "Mass emission rate" means the weight of material discharged to the
sewerage system during a given time interval. Unless otherwise specified, the
mass emission rate shall mean pounds per day of a particular constituent or
combination of constituents.
24-23. "Moderate strength user" means users with a wastewater strength of
less than three hundred milligrams per liter of BOD and SS and having a
moderate waste new flow less than 0.2 MGY.
25:29. "Natural outlet" means any octlet into a watercourse, ditch, pond,
lake or other body or surface or groundwater.
30. "New source" means an industrial user discharging or planning to
discharge from a source at which:
1)Construction is carried out at a site at which no other source is
located,
2)Construction totally replaces the process or production equipment that
produces the wastewater at an existing source, or
3)The wastewater producing process constructed is substantially independent
of an existing source at the same site.
26.31. "Nuisance" means anything which is injurious to health, or is
offensive to the senses, or an obstruction to the free use of property so as
to interfere with the comfort or enjoyment of life or property, or which
affects at the same time an entire community or neighborhood or any
considerable number of Persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal.
32. "Pass through" means the introduction of a pollutant by a user into
the sewerage system which leaves the treatment plant in quantities ox
9
I
concentrations that alone or in conjunction with other sources, cause a
violation of the city's discharge requirements.
8 x33, '"Permit" means wastewater discharge permit issued by the public
works department.
88;34, "Person" means any individual, partnership, firm, association,
corporation or public agency, including the state of California and the
United States of America.
29:35. "pH" means the logarithm of the reciprocal of the hydrogen -ion
activity in moles per liter of solution as determined by approved methods
measured-by-standard-dnaiyiienl-preeedtire s•.'
36. "Pollutant" means any substance which can cause pollution.
38:37. "Pollution" means an alteration of the quality of the receiving
waters by waste to a degree which unreasonably affects such waters for
beneficial use or facilities which serve such beneficial uses. Pollution may
include, but not be limited to, contamination.
3v:38. "Pretreatment" means the treatment or flow limitation of industrial
wastes prior to discharge to the city sewerage system.
32-39. "Private sewer, building sewer or house service sewer" means that
part of the building sewer beginning at the junction thereof with the
building plumbing or drainage system and terminating at the property line or
at the easement line.
33:40. "Residential user" means a single-family house or each unit of a
duplex, flat, group dwelling, apartment or any other living accommodation
which has facilities for sleeping and the preparation of food, whether '
sanitary facilities connected to the collection system are provided for the
occupants thereof, whether or not such sanitary facilities are installed
therein or connected thereto; living accommodations designed or used for
short-term transient lodging which are rented to other than the controlling
10
occupant of the premises shall be considered as a commercial unit.
34.41. "Settleable solids" means that portion of matter present in sewage,
industrial, waste or waters introduced into the storm drains that readily
settles out of the carrier liquid in a quiescent state as determined by
approved methods in-a-standard-ana�Ytiea�-preeednre.
35 r --- xgewerege--s� -itettrrs-all �+o s-l:vr-�o��ectrr�g; -pes�p ag;-treat3n9;
dispesing;-&t&r4r1T-and-aeWage;-iftdUStriak-waste -etrd�/vraterrn-drain
(See # 461
36..42. "Sewage" means the waterborne wastes received from human habitation
and use of premises for residential, commercial, institutional and industrial
purposes.
3? -43. "Sewage service charge" means an regular anndai charge for each
user based upon each user's proportional use of the sewerage system.
38-44. "Sewage service unit or SSU" is defined as each increment of flow
equal to the flow from an ayeraQe two-bedroom residence (txe-h�tndrec�-ei-gktq
two hundred and six gallons per day) and having a strength less than three
hundred milligrams per liter BOD and SS.
39-4s. "Sewer" means a pipe or conduit which carries sewage and/or
industrial wastes and to which storm, surface and groundwaters are not
intentionally admitted. When used in this chapter, "sanitary Sewer" means
those pipelines operated primarily for the collection of domestic sewage.
"Industrial sewer" means those pipelines operated primarily for the
collection of industrial waste. "Storm sewer" means those pipelines
operated primarily for the collection of stormwaters.
46. "Sewerage system" means all works for collecting, pumping, treating,
disposing, storing or reclaiming sewage, industrial waste and/or storm water
49-47. "Slug" means a sudden large increase or decrease (factor of two or
11
more) from normal waste volume or concentration.
40. "Storm drain system" means any portion of the sewerage system used for
the conveyance of stormwater or surface or subsurface drainage water.
41-49. "Suspended solids (SS)" means that portion of nenaettied residue
present in sewage, industrial waste, or waters introduced into the storm
drains that is retained on a filter (nonfilterable) as determined by approved
methodsn-n-stnndnrd-snec�ytien�-proeednre.
42-50. "Treatment plant" means the White Slough Water Pollution Control
Facility of the city, and includes but is not limited to the domestic sewage
treatment facilities, industrial waste treatment facilities, sludge disposal
facilities, and irrigatable lands.
43:51. **Unpollutedaater" means water to which no constituent has been
added, either intentionally or accidentally, which would render such water
unacceptable to the agency having jurisdiction thereof for disposal to the
storm drain system ate" or natural drainages or directly to surface waters,
44-52. "User*'means any person that discharges, causes or permits the
discharge of wastewater or stormwater into a sewerage system.
45-53~ "Waste" includes sewage and any and all other waste substances,
liquid, solid, gaseous, or radioactive, associated with hUJTan habitation, or
of human or animal origin, or from any producing, washing, manufacturing or
processing operation of whatever nature, including such waste placed within
containers of whatever nature prior to, and for purposes of, disposal.
46-54. "Wastewater" means waste and water, whether treated or untreated,
discharged into or permitted to enter a sewerage system.
4�1-55. Wastewater constituents and characteristics" means the individual
chemical, physical, bacteriological and radiological parameters and such
other parameters that serve to define, classify or measure the contents,
12
quality and strength of wastewater as determined by a state certified
laboratory,and the volume, rate of'flow or other parameters that serve to
define quantity.
48:56. ''wastewater discharge permit" means a permit issued by the city for
a user to discharge into a sewerage system. (Prior code § 20-2)
Article II. Discharge Restrictions
13.12.030
Prohibited discharges. . No person shall discharge to the sewerage system,
natural outlet, street or earth surface, wastes which cause, threaten to
cause or are capable of causing either alone or by interaction with other
substances any of the following:
A. Fire or explosion? or injury in any ay to the sewerage system or the
operation of the treatment plant. Prohibited materials include, but are not
limited to, crasoline, kerosene, alcohols, sulfides, or any other substance
which causes two consecutive readings on an explosion hazard meter at any point
in the sewerage system to be more than five percent (5%), or any single reading
more than ten percent (10%) of the Lower Explosive Limit (LEL).
H. Obstruction of flow in a sewerage system or injury of the system or damage
to the sewerage collection, or treatment 5r-st rzn facilities by ashes, cinders,
sand, mud, grit, straw, offal, shavings, metal, glass, rags, feathers, tar,
plastics, wood, sawdust, manure or other solid or viscous substances capable of
causing obstruction of the flow or other interference with the proper operation
of the sewerage system as determined by -ef-the public works
director;
C. Danger to life or safety of personnel;, or emission of chemical
contaminants into the atmosphere of any confined space of the sewerage system
13
LTM
at levels in excess of Threshold Limit Values (TLV) established for airborne
contaminants.
D. A nuisance or prevention of the effective maintenance or operation of the
sewerage system, through having or creating a strong, unpleasant odor;
E. Air pollution by the release of toxic or malodorous gases or malodorous
gas -producing substances;
F. Interference with -the or pass through at the
treatment plant affecting wastewater treatment, land disposal, or sludge or scam
processing and disposal;
G. A detrimental environmental impact or a nuisance ..in the waters or
wastewaters of the state or a condition unacceptable to any public agency
having regulatory jurisdiction over the city;
H. Discoloration or any other condition in the quality of the city's
treatment plant effluent and/or storm system discharge in such a manner that
receiving water quality requirements established by law cannot be met by the
city;
I. Conditions at or near the city's treatment facilities which violate any
statute or rule, regulation or ordinance of any public agency of state or
federal regulatory body;
J. Quantities or rates of flow or pollutants which cause interference or
overload the city's sewerage system or treatment facilities or cause excessive
city collection or treatment costs or hamper treatment facility operation:
K. Pollutants which can cause corrosive structural damage to the sewerage
system or treatment facilities, but in no case with -pH- lower -than --6-5-Wi-thottt
prier-approval-ef-the -publie-worker-di-reeter a pH lower than 5.0 is allowed per
federal regulations._ -j
L. Any influent to the treatment plant to be over 104 degrees fahrenheit
14
(forty degrees celsius), (Prior code 5 20-3)
13.12 .040
Storm drainage and groundwater. Stormwater, groundwater, rainwater, street
drainage, subsurface drainage, roof downspouts, exterior foundation drains,
swimming pools, groundwater from cleanup operations, or other sources of
drainage water shall not be discharged through direct or indirect connections
to a domestic system without a permit issued bV the public works department
weal-genissien, (Prior code 5 20-4)
13.12.050
Unpolluted water.
A. Unpolluted water, including but not limited to, cooling water, process
water or blow -down from cooling towers or evaporative coolers shall not be
discharged through direct or indirect connection to the community sewer sewerage
system unless a permit is issued by the city. The city may approve the
discharge of such water only when no reasonable alternative method of disposal
is available.
B. If a permit is granted for the discharge of such water into a--demeat�°
sewer the community sewer, the user shall pay the applicable user charges and
fees and shall meet such other conditions as required by the public works
director. (Prior code 5 20-5)
13.12. 060
Septic tanks. No person shall be permitted to use a septic tank for disposal
of wastewater if the property to be served is within one hundred feet of the
domestic system. Where such domestic sewer exists and buildings are inhabited
or used by human beings, the property owner(s) shall install lateral service
connection(s) in accordance with Artiele-1-V eE this chapter. (Prior code 5 20-6)
15
ZE
13-12.070
Radioactive wastes. No person shall discharge or cause to be discharged any
radioactive waste into a sewerage system except:
A. When the person is authorized to use radioactive materials by the State
Department of Health or other governmental agency empowered to regulate the use
of radioactive materials; and
B. When the waste is discharged'in strict conformity with current California
Radiation Control Regulations (California Administrative Code, Title 17) and the
Atomic Energy Commission regulations and recommendaticns for safe disposal; and
C. When the person is in compliance with all rules and regulations of all
other applicable regulatory agencies; and
D. When the person is in possession of a permit issued by the city which
specifically allows such discharges. (Prior code S 20-7)
13.12.080
Garbage grinders.
A. Wastes from garbage grinders shall not be discharged into a domestic sewer
system except:
1. Wastes generated in normal daily preparation of food by residential users;
or
2. Where the user has obtained a permit for that specific use from the city,
and agrees to undertake whatever self-monitoring is required to enable the
public works director to equitably determine the user charges based on the waste
constituents and characteristics.
B. Garbage grinders must shred the waste to a degree that all particles will
16 -
be carried freelyunder normal flow conditions prevailing in the domestic sewer,
Garbage grinders shall not be used for grinding plastic, paper products, inert
materials or garden refuse. (Prior code 5 20-8)
13.12.090
Direct discharge—Use of service sewer. No person shall discharge any
substances directly into a manhole or other opening in a sewerage system except
through an approved private sewer or house service sewer ;-uaiess-upert-written
appi3eatien-by-the, tser-,ftuser^-eharges-and-fees•,--the
city-issues-a-permit-for-sueh-direct-diseharges. (Prior code § 20-9)
13 ,12 ,100
Holding tank waste, A user proposing to discharge holding tank domestic
waste into a domestic sewer must secure a permit for each separate discharge,
This permit shall state the specific location of discharge, the time of day the
discharge is to occur, the volume of the discharge, the wastewater constituents
and characteristics and origin of such wastes. Holding tank wastes discharged
at the treatment plant facilities may be given a discharge permit which would
apply to more than one separate discharge at the discretion of the public works
director. If a permit is granted for discharge of such waste into the domestic
sewer, the user shall pay the applicable user charges and fees and shall meet
such other conditions as required by the public works director. (Prior code 5
20-10)
13.12.110
Restricted discharges. No person shall discharge or cause to be discharged
to a sewerage system any of the following without first obtaining a wastewater
discharge permit that specifically permits such waste discharge characteristics:
17
.2
A. Discharge during a daily twenty -four-hour period in excess of fifty
thousand gallons;
B:----Yei�+ne-ef-f�eN-er-eeneentratien-ef-Maste-eenstitating-n-s�ng;-
e:B. Waters or waste with a pH factor lower than 6.5 or higher than 8.5 for
more than three hours over a twenty-four hour period;
HrC. Discharges containing metal pickling or etching wastes or plating
solutions, whether neutralized or not;
B:D. Any discharge which has an average daily concentration of exceeding the
following technically based local limits:
Maximum Allowable
Toxicant
Concentration (mg/L)
Arsenic -------------------------------
A:�-----
Boren-------------------------------- 20:9-----
eadmium-------------------------------
Iran 8 : 5-----
ehlerinated-hydreearbens-------------- A:B1-
ftetai-identifiable}-----
ekreMinm;-hexavalent------------------ 9T5-
ehreMiUM -tetai-----------------------8-8--
eepper-------------------------------- 2:8-----
eyanide------------------------------- 8:8-----
en---------------------------------Se-A-----
.............. .
Ekead --------------Ir8----
Mercury-------------------------------- 8:el-----
Niekel-------------------------------- ITS -----
Phenelie-eampounds-------------------- R -a -----
Silver--------------------------------8-5-----
Sine----------------------------------3-A-----
18
Arsenic
Cadmium
2.5
0.5
Chromium, total 29
Copper 3.0
Cyanide. total 1.4
Lead 4.0
Mercury 0.8
Nickel 13
Silver
Zinc
2.9
3.5
Other---oxi-c--ettbatafteea-3yr--eeneeftt-rartime&-itaviftg-4rr-acute- V'-to-_i-sh
exeeeding-tr- toiera -Iunit-o -- i -fit - rceat-Nhen-testees-
aeeerdanee-with-appreved-methods-standard-test-preeedares:----------
F.E. Discharges containing phenols or other taste -producing and odor -producing
substances in concentrations exceeding limits which may be established by the
public works director as necessary to meet water quality requirements;
6.-F. Hot -wastes Discharges to the collection system at temperatures exceeding
one hundred sixty degrees Fahrenheit (seventy degrees Celsius) or exceeding one
hundred ten degrees Fahrenheit (forty-three degrees Celsius) for any eight-hour
period:
H -.G. Materials which exert or cause in the sewerage system or receiving
waters unusual concentrations either of inert suspended solids (such as but not
limited to, soil solids, fuller's earth, lime slurries, and lime
residues, plastics , or ash)_-er-ef-d3sse�aed-sa�els-�saeh-as;-brxt-tet �s�crited
miii�grems--per-liter;
H. Discharges containing fixed total dissolved solids (such as, but not
19
limited, to sodium chloride, sodium sulphate, or other inorganic salts) in
excess of six hundred milligrams per liter or in such quantities to cause the
effluent TDS of the treatment plant to exceed five hundred milligrams per liter.
}---Hisekarges-in -sthek-gtsantrties-or fi r-not--emeneb+e
to- treatment-or--reductii-o r -by - -treatment -preeesses-empio�,-t>r--t-r--e
amenable -,t,& _- __ _______ _ <xrilr-to-sttek a-degree-t+at the-treatment-feCr+i+r-efff-huent
cannot-meet-Mater-quality-requirements;-----
3------Grew;-ei}-nr►d-saes-i -ails-�}- -provided-i -t -d+charger
when: -in- the- epinlen- eyf- the- ptibi3e- rarrrics-di rer.•te�r-,- t+rey- are -fes Mite
preper-4mnd+iiM--crf--was te3-ee>nte-itAig- -in -excess--opf- -one -*dndred--f��t�r
mi}}igrams-per-4-iter--of--st +ma-1--arxi-vegetable -erigin -and-f3-ftT-tA+UVrewm--per
}iter-ef-mineral-eri-e}rn,r-er
ingredients.---133-intereepters-sha33--be-ef--a--type-tied--capacity'approved- in
w r i tang; -�x�.ttr--tb -i n ata}1 atien;-�i--t-3re--pt3b}te -woriCs--c}:���; -and-si�e33--be
leeated-se -as -te -be -readrl-y-anti-eest�-aeees&PbI-_--for--cleenInT-and-4impect-i-on
erease-and-oil: etereeptors-sha11-be Qg-impereiens-ntaterra -cep -�
of- -abrupt--&n&-extreme-ehanges-+n- re-. -Ther-shall-be--of
substantial-eenstrttetien; -watertight -and-equipped-%#itis-easr}y-remove43-1—e -covers
Nkieh7 when -bo ted-4trp}aee,-are-gastniqht�-wr watertight. -Grease anihepi- d
# ntereeptors-aka}} -be-�w►sa�+-�-��t-an�- �rlttce-er-btii }ding-kaaing -a Cifiyto
serge--grott}--meals-�-commercial--artci-industrial--c-tri-nT-faeilities--44here
ins ta}led; -all.-grease,-oi-1,-sand-aftd- VtAt -:rat-9he4-1 lJe--m&-jj t:ei-rt d --by
the -ewners- at- owft r1s-expense-iii-eont-ifm-eus- ef-f -c-lent t-tit-e-I-1--h-iites-:
Haterials-eclleeted-skall-net-be-reintroelueed-irate-tke-sewerage-system;--
KTI. Any industrial waste, based upon twenty -four-hour composite sampling, (or
other representative sampling when not feasible) containing settleable solids
in excess of two hundred milligrams per liter, suspended solids in excess of one
20
thousand milligrams per liter and BOD in excess of one thousand milligrams per
liter. (Prior code 5 20-11)
Grease, oil, and sand interceptors.
Grease, oil and sand interceptors shall be provided by the discharger when they
are necessary for the proper handling of wastes containing grease in excess of
one hundred fifty milligrams per liter of animal and vegetable origin and fifty
milligrams per liter of mineral origin, or any flammable wastes, sand, grit 'and
other harmful ingredients. All interceptors shall be of a type and capacity
approved in writing, Prior to installation, by the public works director, and
shall be located so as to be readily and easily accessible for cleaning and
inspection. Grease and oil interceptors shall be constructed of impervious
materials capable of withstandins abrupt and extreme changes in temperature.
They shall be of substantial construction, watertight and equipped with easily
removable covers which, when bolted in place, are gastight and watertight.
Grease and/or oil/sand interceptors shall be constructed in any place or
building having a capacity to serve group meals or commercial and industrial
cleaning facilities. Where installed, all grease, oil, sand and grit
interceptors shall be maintained by the owners at owner's expense in contincous
efficient operation at all times. Materials collected shall not be reintroduced
into the sewerage system. Records of all maintenance, cleaning, and hauling of
materials shall be maintained by the owner and such records shall be available
at all times for inspection by City personnel.
13.12.120
Federal indtistrial pretreatment requirements. Users in industrial categories
subject to the categorical pretreatment standards development by the EPA under
the Clean Water Act of 1977 (PL 95 217) 33 U.S.C. 1251 et seq. are required to
21
achieve limitations based on Best Practical Control Technology(BPT) immediately
and Best Available Technology Economically Achievable (BAT) by July 1, 1983 in
accordance with Sections 301 and 304. New sources are required to comply with
New Source Performance Standards (MSPS) based on Best Available Demonstrated
Control Technology (BDT) for industrial users in terms of concentration and
equivalent mass values. Users must comply with pretreatment standards
promulgated pursuant to Section 307 and the Federal register 40 Cx'R Subchapter
IV. Dilution of any discharge may not be used to comely with any pretreatment
standards. Categorical industrial users must audit Baseline Monitoring Reports,
compliance schedule reports, 90 day compliance reports, and periodic reports on
continued co=liance as regu.ired and such reports must be signed by an
authorized representative of the industrial user and be retained for a minimum
of three years (or period of litigation, whichever is longer), The city may
issue standards more stringent than the federal standards if the public works
director determines that the limitations in the federal standards are not
sufficient to:
A. Protect the operation of the city's treatment facilities; or
B. Comply with water quality standards, cludcre disposal or effluent
limitations specified in the city's National Pollutant Discharge Elimination
system (t4PDES ) permit
C. Net technically based local limits, which must be calculated per federal
pretreabyxent program guidelines. The city must annually provide public
notification of industrial users which during the previous 12 months
significantly violated applicable pretreatment standards.
(Prior code § 20-12)
13.12.130
Industrial waste permits. Source control of industrial discharges shall be
accomplished by use of a permit and monitoring system as described in Arttcie
22
vi-ef this chapter. Discharge of industrial waste from any person within the
city onto land or to any natural outlet may be permitted only if the discharge
complies with all requirements of the regional water quality control board and
of all other local, state and federal laws and regulations. (Prior code S 20-13)
13.12.140
Other legal restrictions. Nothing contained in this chapter shall be
h
construed to limit any additional requirements that may be imposed by the County
Health Officer, by the Regional Water Quality Control Board, Fish and Game, or
by other governmental agencies having jurisdiction thereef. (Prior code S 20-14)
13.12. 150
Connections outside city. No discharge from facilities or properties outside
the limits of the city shall be allowed into the sewerage system. (Prior code
S 20-15)
13.12.160
Screening of industrial waste. No person shall discharge or cause to be
discharged to the industrial system an industrial waste that is too large to
pass through or, has not been pretreated by being passed through, a screening
device with a maximum screen opening of 1.5 millimeters. (Prior code S 20-16)
Article III. Service Charges and Connection Fees
13.12.170
23
(rev- 20/12/90)
Classification,
All users shall be classified for wastewater collection,
treatment and disposal purposes in accordance .with the principal• activity
conducted by the person, or the quantity and quality of discharge, as 'determined
by the public works director. The purpose of classification is to facilitate the
regulation of wastewater discharge based on quantity and quality of flow, to
provide an effective means of industrial waste source control, and to establish
a system of sewage service charges and connection fees which will ensure, but
not be limited to, the recovery of city capital, operating and maintenance costs
in an equitable manner. +Prier -code- 20—V7+It is the responsibility of the user
to provide the City a reasonable estimation of wastewater quantity and quality,
or other applicable units of measure, and any increases thereof, for the purpose
of classification and assessment of service charges and connection fees. (Prior
code § 20-17)
13.12.180
Domestic system service charges.
A. Basis. Charges for use of the domestic system shall be determined by the
volume, biochemical oxygen demand (BOD) and suspended solids (SS) of wastes
discharged.
B. Applicability. Those residential, commercial and industrial users whose
discharge of wastes classify them as a moderate -strength user and those
dischargers of industrial and commercial wastes that classify as high-strength
users shall pay charges as determined in this section. Determination of the
category for each specific user shall be made by the public works director.
C. Moderate -strength Users. All moderate -strength users shall be assigned
sewage service units. The minimum sewage service units assigned to any
24
commercial and industrial user shall be 1.0 unit. The cost of treating one
sewage service unit is calculated annually by dividing the total operating,
maintenance and capital costs of wastewater facilities allocated to moderate
strength users by the total number of units. Service charges for
moderate -strength users shall be determined by multiplying the cost of one
sewage service unit by the number of sewage service units assigned to each user.
1. Residential user sewage service units shall be based upon the number of
bedrooms per dwelling units as follows:
Number of
Sewage Service
Bedrooms
Units
1
0.75
2
1.00
3
1.25
4
1.50
5
1.75
6
2.00
7
2.25
2. Commercial and industrial user sewage service charges shall be based on
the number of sewage service units assigned to each user. The unit of measure
for determining the number of sewage service units assigned to each user are
as follows:
User Description Unit of Measure
1. Meeting place, religious Each 200 seats
25
(rev. 10/12/901
2.
Meeting place, public
Each
100 seats
3.
Hotel, motel without kitchenettes
Each
3 beds
4
Hotel, motel with kitchenettes
Each
unit
5.
Veterinary clinic
Each
4 employees
6.
Post office
Each
15 employees
7.
Funeral parlor
Each
3 employees
8.
Service station with service garages
Each
2.5 pumps
9.
Service station without service garages
Each
7 pumps
10.
Car wash, automatic bay
20 SSU 's per bay
11.
Car wash, self serve bays
2 SSU's per bay
12.
School, 8th grade and below
Each
20 students
13.
High school
Each
15 students
14.
Eating place, seating only
Each
10 seats
15.
Eating place, seating and take-out.
Each
7 seats
16.
Eating place, "pizza parlor"
Each
35 seats
17.
Eating place, take-out only
Each
5 employees
18.
Lunch truck business
Each
5 employees
19.
Laundry, coin -op., reg. mach.
Each
1.5 machines
20.
Laundry, coin op., big mach.
Each
machine
21.
Comm. laundry and dry cleaning
Each
3 employees
22.
Dentist's office
Each
5 employees
23.
Office, store, warehouse, manufacturer,
Each
8 Employees
Doctor's, Chiropractor's and X-ray
offices
24.
Grocery Store, Supermarket (Having
Each
4 employees
veg/fruit or butcher/meat sections)
��.
Bar
Each
20 seats
26.
Barber, beauty shop
Each
3 workstations
26
27. Hospital, convalescent home
28, Rest and retirement home
29. Mobile home park
30. RV dump station
Each 3 beds
Each 3 beds
Each 1.33 pads
Each station
One sewage service unit shall be assigned to each unit of measure. Fees shall
be based on nearest one-tenth sewage service unit except minimum number of
sewage service units shall be 1.0. At the discretion of the Public Works
Director a commercial user's service charges and/or connection fees may be based
on actual wastewater discharge flows estimated by use of an influent water meter
or other appropriate means.
D. High-strength Users,
1. All high-strength user sewage service charges shall be determined based
upon the actual quantity of flow, BOD and SS discharged annually. The unit cost
of collection, treatment and disposal for each characteristic shall be
determined annually and multiplied by the measured wastewater characteristics
for each user to develop the annual sewage service charge.
2, The unit cost for each of the characteristics set out in subdivision 1
of this subsection shall be determined by: (a) distributing the total capital,
operation and maintenance cost between moderate -strength and high-strength
users, (b) proportion the annual costs for high-strength users among various
characteristics, and (c) divide the total anndal cost for each characteristic
by the total quantity discharged by the high strength users.
3. The sewage service charge shall be determined by multiplying the unit
cost by the annual quantity of each characteristic. (Prior code § 20-18)
13.12.190
27
Domestic system connection fees. The connection fee shall cover the
proportionate capital cost associated with the existing-Awrised wastewater
treatment faeility facilities capacity which will be utilized by the new
discharger...Xny actual costs incurred by the city in making the connection shall
be separate and in addition to the connection fee described in this section.
A. Moderate -strength user connection fees shall be based on a rate per sewage
service unit as assigned under Section 13.12.180. The minir am connection fee for
a new commercial or industrial user shall be one sewage service unit and
additions or modifications shall be prorated to the nearest 0.1 sewage service
unit.
B. High-strength user connection fees shall be based on a urit rate for the
eest-ef-tn g flow, BOD and SS. The estimated annual quantities of each
characteristic shall be justified to, and approved by, the public works
director for the purpose of determining the connection fee.
er----Arty-drxharger--after -one -fit1r17-+e&r-of•-operet-i"-dere& a- 3-1- -.--_Mey
request-the-ptsbite-r+erica-diYeeter-to- maite- ear-nd3trstment;-or-t� �nxbii�-�os�s
director -nay rssstit�rteeir-ee}��,-3f-a- sign 5fseant-oari&tiea-exists-between
the -estrifnated--at&-aetttai-,qUentictAes--for-each- } +r ski --Ine-resaes--rn
eenneetien-fees-sh, rr-be-dtie-and-payabie-errs-at-+he-tune--the -pub,1i-c—kork-a
director -makes -the- fee- nd�ttatrnent-wi33 iDe-t�'ed3- ed1:—( Prior code
5 20-19)
(See section 13.12.215)
13.12.200
Industrial system service charges.
A. Industrial system sewage service charges shall be determined based upon
the actual quantity of flow and BOD discharged annually. The unit cost for each
characteristic will be determined annually and multiplied by each user's
28
measured effluent characteristics. The total of the two characteristic fees
shall be the annual sewage service charge.
B. The unit cost for each characteristic shall be determined by distributing
the total operation, maintenance and capital costs to each characteristic at a
proportionate rate and dividing each proportionate cost by the total annual
quantity of each characteristic discharged to the system. (Prior code 5 20-20)
13.12.210
Industrial system connection fees. Fees shall be determined on an individual
basis by the public works director and shall be, in part, based upon the value
of existing capacityto be utilized and/or the cost of providing additional new
capacity. The connection fee shall be based on a unit rate for the cost of
treating £low and BOD. (Prior code 5 20-21)
13.12. 215
Adjustments and additions.
A. Service charge adjustments. When it is found that a reasonable
estimation of wastewater quantity or quality, or other applicable units of
measure, have not been used for the assessment of sewage service charges the
city has the right to make adjustments as determined by the public works
director. Undercharges for the period of incorrect billing up to three years
per California Code of Civil Procedures, Section 338, are due and payable on
demand and overcharges will be credited.
B. Connection fee adjustments. Any user, after one full year of operating
data is available, may request the public works director to make an adjustment,
or the public works director may institute an adjustment, if a significant
variation exists between the estimated and actual wastewater quantity or
29
quality, or other applicable units of measure. Increases in connection fees
shall be due and payable on demand at the time the public works director makes
the fee adjustment and decreases will be credited.
C. Connection fee additions. When a user has in the opinion of the public
works director significantly increased either wastewater quantity or quality or
units of measure over what was used for all previous connection fee
calculations, additional connection fee charges shall be assessed for the
additional wastewater treatment capacity utilized. Such additional connection
fees shall be due and payable on demand at the current rate at the time the
public works director makes the determination,
13.12.220
Storm drain and cooling water service charges.
A. The rate for disposal of storrwdaters, swimming pool or cooling water
discharges, or wash waters into the city's storm drains will be established by
resolution.
B. The city shall estimate and determine the amount of storm, swimming pool,
cooling water or wash waters deposited into the city's storm drains unless the
user of the service elects to provide, install and maintain in good working
order an integrating meter satisfactory to the city for the purposes of
measuring such storm, swimming pool, cooling water or wash waters,
C. Ir-, determining the amount of storm, swimming pool, Cooling water or wash
waters deposited into the city's storm drain system, no charge shall be made for
the storm waters or minor irrigation waters -;or drainage from roofs, pavements
or hard -surfaced areas within the city limits. Where such drainage is metered
along with wash water, a credit of one thousand two hundred fifty gallons per
year for each one hundred square feet, as projected and measured upon a
horizontal plane, of such drainage area tributary to the meter shall be allowed.
30
Where roofs or other areas are sprinkled or flushed, such flushing or sprinkling
waters shall be included in the quantities for billing purposes. For areas
outside the corporate limits of the city tributary to the city's storm drain
system, stormwaters shall be included in the quantities determined for billing
purposes and unless otherwise metered, the annual quantity of stormwaters shall
be assumed as equal to one thousand two hundred fifty gallons per one hundred
square feet, as projected and measured upon a horizontal plane of roof, pavement
or hard -surfaced area service. (Prior code S 20-22)
13.12. 225
Storm drainage impact fee.
A. Purpose _ Findings.
1. In order to iriplement the goals and objectives of the city's general
plan, and to mitigate the impacts upon the drainage system of the city caused
by future development, certain public drainage improvements or facilities must
be or have been required to be constructed. The city council has determined that
a development impact fee is necessary and appropriate in order to finance these
public drainage improvements and to pay for each development's fair share of the
construction costs of such improvements. In establishing the fee described in
this section, the city council has found the fee to be consistent with its
general plan, and pursuant to Government Code Section 65913.2, has considered
the effects of the fee with respect to the city's housing needs as established
in the housing element of the general plan.
2. The city council also finds that the city's storm drain system, which
consists of an interconnected network of pumping stations, retention basins and
trunk lines, has been planned as a unified system and constructed in stages
since 1963 using a combination of funding sources, including a master storm
drain fee. The city council finds that it is in the best interest of the entire
31
� l
e
city that properties that are to be developed pay the cost of additional storm
drain facilities in accordance with the storm drain master plan so such costs
will not become a burden on city taxpayers.
B. Established.
1. There is established, upon issuance of all building, use or occupancy
permits and subdivision maps for development in the city, a storm drainage fee.
2. This fee is established to pay for public drainage improvements. The city
council shall, in a council resolution adopted after a duly noticed public
hearing, set forth the specific amount of the fee, describe the benefit, list
the specific municipally owned improvements to be financed, describe the
estimated cost of these facilities, describe the reasonable relationship between
this fee and the various types of new developments, and set forth the time for
payment. As described in the fee resolution, this development fee shall be paid
by each developer as specified in Government Code Section 53077.5, referring to
time of collection. On an annual basis, the city council shall review this fee
to determine whether the fee amounts are reasonably related to the impacts of
developments and whether the described public drainage facilities are still
needed.
3. Said resolution and associated studies shall be available to the general
public for a period of at least fourteen days prior to the public hearing.
C. Limited Use of Fee Revenues. The revenues raised by payment of these fees
shall be placed in a separate and special account, and such revenues, along
with any interest earni.ng$ on that account, shall be used solely to: 1.
Pay for the City's future construction of drainage facilities described in the
resolutions enacted pursuant to subsection B of this section, or to reimburse
the city for those described or listed facilities constructed by the city with
32
�1
funds advanced by the city from other sources;
2. Reimburse developers who have been required or permitted by subsection D
of this section to install such listed facilities which are oversized, with
supplemental size, length or capacity; or
3. Pay for and/or reimburse costs of program development and ongoing
administration of the fee program for such public facilities.
D. Developer Construction of Facilities. Whenever a developer is required,
as a condition of approval of a subdivision map or development permit, to
construct a public drainage facility described in a resolution adopted pursuant
to subsection B of this section, which facility is determined by the city to
have supplemental site, length or capacity over that needed for the impacts of
that development, and when such construction is necessary to ensure efficient
and timely construction of the facility a network, a reimbursement agreement
with the developer, and a credit against the fee which would otherwise be
charged pursuant to this section on the development project, shall be offered.
The reimbursement amount shall not include the portion of the improvement needed
to provide services or mitigate the burdens created by the development.
E. Appeals. Any appeal from the imposition of fees under this section shall
be done in substantial conformance with the procedures found in Section
13.12.590 of this chapter.
F. Effective Date of Fee. The ordinance codified in this section was adopted
at a noticed public hearing, at which time the city council also considered the
initial development impact fee resolution. This fee shall apply to the issuance
of any building, use or occupancy permit, or for any development approval `
issued after thirty days following the passage of the ordinance codified in
this section. (Ord. 1440 9 S 1 - 6, 1988)
13.12.230
33
Holding tank waste charges. The charge for a discharge of holding tank wastes
shall be based on the method for determining charges for the high strength user
in the domestic system as outlined in Section 13.12.180(D). Characteristics of
BOD and SS shall be determined by random sampling of holding
tank waste discharges. (Prior code S 20-23)
13.12.240
Sehednle-of Charges and fees. The schedule of charges and fees for domestic
system service charges and connection fees, industrial system service charges
and connection fees; storm drain service charges, inspection sampling and
analysis c h a r m and holding tank waste charges will be those established and
adopted by the city council from time to time by ordinance resolution. (Ord.
1429 S 1, 1988: prior code S 20-24)
13.12 .245
Sewer-serviee-eenneetien-fee -xiiedttle SrhpAnl t of rharrrAc anA f - . The fee
schedule for sewer sewacte servicer and connection fees, and monitorincr operative
ecteber-1;-1988, is as follows:
DOMESTIC SYSTEM:"
A. Residential.
1. -sewer, Sewage service charge.
Number of Bedrooms Monthly Rate
1 $ 4.64
2 6.19
3 7.74
34
c
4 9.28
5 10.83
6 12.38
7 13.93
2. Connection fee: $1825.00 per unit*
**"Unit": Sewage service unit, defined as each increment of flow of a typical
two-bedroom residence (206 gallons per day and having BOD and SS strengths of 11
less than 300 milligrams per liter). Units for residential, commercial, and
industrial users are shown in section 13.12.180.
B. commercial.
1. Annual sewage service: $74.28 per unit per year
2. Connection fee: $1825.00 per unit
C. Industrial,
1. Annual swage service,
Moderate strength user: $74.28 per unit per year
High strength user:
Unit Item Unit Charge
Flow _ MG. $357.41 per MO.
BOD 1,000 lbs. 174.90 per 1,000 lbs.
SS _ 1,000 lbs. 142.97 per 1,000 lbs.
2. Connection Fee.
35
Moderate strength user: $1825.00 per unit.
High
strength user
Unit
Stem
Flow
_ IG.
BOD _
1,000 lbs.
Ss _
1,000 lbs.
INDUSTRIAL SYSTEM:
Unit Charge
$9733.01 per MG.
4009.18 per 1,000 lbs.
1805.59 per 1,000 lbs.
A. Annual sewage service
Unit Item Unit Charge
Flow _ MG. To be determined annually by the public works
DOD —1,000 lbs. director as outlined in Section 13.12.200
of this code.
is
Connection fee: To be determined annually by the public works director as
outlined in Section 13.12.210 of this code.
HOLDING TANK WASTES:*
A. Dumping charge: $54.75 per 1,000 gal.
SR7RM DRAIN SYSTEM:
A. Storm drain disposal charge: $66.13 per MG
36
*Editors Note: Ord.1463 S S provides as follows:
The above fees for the Domestic. System and Holding Tank Wastes shall be
increased 15% annually on October 1 of each year until the White Slough Water
Pollution Control Facility expansion has been completed or this ordinance is
superseded.
(Ord, 1463 S 1,1989: Ord. 1428 S 1, 1988)
INSP$C"Z'IOM, SAMPLING AND ANALYSIS:
Fee S-heiule to be set by resolution
13.12.250
Billing and collections. All billing and collections shall be per Section
13.04.030 of this code. (Prior code S 20-25)
13.12-260
Appeals. The owner or occupants of any premises who finds that the charges
and/or fees ?rovidod for in this article are unjust or inequitable may make
application to the public works director to have the fees modified, in
accordance to Section 13.12.590. A commercial or industrial discharger, after
one full year of operating data is available, may request the public works
director to make an adjustment, or the public works director may institute an
adjustment, if a significant variation exists between the estimated and actual
quantities for each characteristic. Increases in connection fees shall be due
and payable on demand at the time the public works director makes the fee
adjustment and decreases will be credited. Increases or decreases in sewage
service charges shall be implemented in the next billing following the
determination by the public works director that adjustment is appropriate.
Where water usage is metered, the estimated sewer flows may be compared to a
two-bedroom residence (one SSU) to determine or adjust the connection fee or
37
sewage service charge. (Ord. 14 3 5 4; 1989: prior ode § 20-26)
Article IV. Construction Generally.
13.12.270
Permit. No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any sewerage system or appurtenances
thereof without first obtaining a written permit from the public works director.
(Prior code $ 20-43'•
13.12.280
Design standards. All construction of public sewerage systems or
appurtenances thereof shall conform to the design criteria, the standard plans
and specifications and the inspection and testing procedures in accordance with
current city standards. (Prior code S 20-44)
13.12.290
Application for service, Whenever a property owner is desirous of obtaining
sewer service where no adequate sewer system exists, an application shall be
made to the public works director for sewer service in accordance with Article
V of this chapter. (Prior code § 20-45)
Article V. Extensions
13.12.300
Purpose. The city council is desirous of adopting a sewer service and
extension policy that is fair and equitable to all developing properties and
that provides that the cost of extension shall be distributed among subsequently
38
developing properties connecting thereto. (Prior code 5 20-45)
13.12. 310
Application. Whenever a property owner is desirous of obtaining sewer
service, an application shall be made to the public works director for sewer
service. The public works director shall determine the closest adequate sewer
and, if an extension is necessary, indicate the size of the main to be extended
and the limits of the extension. (Prior code § 20-47)
13 .12 .320
Applicant's obligation. Whenever the public works director determines that
a sewer extension is necessary, the applicant will be required to install, at
the applicant's awn expense, the sewer extension in accordance with engineering
plans furnished by applicant and approved by the public works director. The
plans shall be prepared in accordance with the city design standards. (Prior
code S 20-48)
13.12.330
Extension for full frontage width. In every case where a sewer is to be
tapped to serve a parcel, the same shall be extended the full frontage of the
parcel unless the public works director determines that the sewer will not need
to be extended to serve any other properties. (Prior code S 20-49)
13.12.340
Minimum diameter. The minimum size sewer main shall have a nominal inside
diameter of six inches. Larger size mains may be required as determined by the
public works director from engineering calculations or the city master sewer
plan. (Prior code S 20-50)
39
13.12.350
Re imbursement_Applicatiari. Whenever an applicant for sewer extension
constructs or installs a sewer that may serve abutting properties, the applicant
may apply for a sewer extension reimbursement agreement. The public works
director shall determine the extent to which abutting properties may be served
and recommend a sewer extension agreement to the city council prior to
construction of any sewer. (Prior code § 24-51)
13.12 .360
Reimbursement—Agreement. The sewer extension reimbursement agreement shall
contain the following:
A. The amount of the reimbursable costs shall be determined by the public
works director and subject to the approval of the city council.
B. Reimbursable costs shall include estimated sewer construction costs, less
any applicable credits, plus an administrative and engineering cost of ten
percent of the construction cost.
C. Sewer laterals serving individual properties shall not be included as a
reimbursable cost.
D. There shall be no reimbursement to the applicant in excess of reimbursable
costs stated in the agreement.
E. No interest, finance or security costs shall be included in the
reimbursable costs.
F. Reimbursement shall be paid from charges collected by the city from
abutting properties as they connect to the new sewer.
G. Reimbursement shall be paid only from charges collected within ten years
from the date of the agreement. The city shall have no obligation to pay
reimbursement from any source other than reimbursement funds collected pursuant
40
to this chapter. Charges collected from abutting properties after ten years
shall be retained by the city.
K The charges collected for reimbursement shall be based upon front footage
parallel to the sewer of the abutting properties.
I. An administrative cost of two percent of the total reimbursable cost
shall be deducted from any moneys paid to the city as payment for administering
the reimbursement provisions of this chapter.
J. Reimbursement shall be payable to heirs, successors and assigns of the
applicant. (Prior code S 20-52)
13.12.370
Reimbursement—Oversize mains. Whenever engineering calculations or the city
master sewer plan require that a sewer main larger than ten inches in diameter
be installed, the city shall pay to the applicant the difference in cost of
material 1;etween the actual sewer to be installed and a ten -inch sewer. The
difference in costs of material shall be determined by the public works
director. Payment shall be made at the time the sewer reimbursement agreement
is approved by the city council. (Prior code S 20-53)
13.12.380
Reimbursement—City eligibility. Whenever the city has extended or installed
a sewer that will serve abutting properties, the city shall be eligible for
reimbursement in a like ;fanner as other applicants. (Prior code S 20--54)
13.12.390
Reimbursement—Payment. Whenever the city council has approved a sewer
extension reimbursement agreement, the front footage charges shall be collected
by the city from any parcel abutting the sewer covered in the agreement at the
41
time of development and prior to sewer service being provided to the abutting
parcol, (Prior code § 20-55)
13.12. 400
Reimbursement—Entitlement letter. When payment for reimbursement has been
made, the public works director shall prepare a letter of entitlement stating
the fees collected, reference to the sewer extension reimbursement agreement,
the amount to be reimbursed, and the administrative charge to be retained by
the city. This letter of entitlement shall be forwardedto the finance director
for actual reimbursement under terms of the agreement. (Prior code S 20-56)
13.12.410
Reimbursement—Unclaimed. The finance director shall mail the reimbursement
to the last address on file with the finance director of the applicant in the
sewer reimbursement agreement. Any reimbursement returned or unclaimed after two
years from the date of mailing will revert to the city's general fund. (Prior
code § 20-57)
Article VI. Administration
13.12.420
Discharge reports. In addition to the federally required reports descrihed
in section 13.12.120, the city may require that any high-strength user
discharging, or proposing to discharge, wastewater into a sewerage system, file
a periodic discharge report. The discharge report may include, but not be
limited to, nature of process, volume, rates of flow, mass emission rate,
temperature, pH, production quantities, hours of operation, number and
classification of employees, or other information which relates to the
42
generation of waste including characteristics in the wastewater discharge. Such
reports shall also include the chemical characteristic and quantity of liquid
or gaseous materials used annually as well as those stored on site, even though
the latter may not normally be discharged. All reports are due 14 days after the
conclusion of monitoring or receipt of the laboratory analysis report and must
be signed by an authorized representative of the industrial user. All such
reports shall be retained for a period of three years (orperiod of litigation,
whichever is loneer), and shall be made available for inspection and copying by
the city. In addition to discharge reports, the city may require ifor-mation in
the form of wastewater discharge permit applications and self-monitoring
reports. (Prior code S 20-27)
13.12.430
Discharge permit—Required. All critical users proposed to connect or to
discharge into a sewerage system after the effective date of the ordinance
codified in this chapter must obtain a wastewater discharge permit before
connecting to, or discharging into, a sewerage system. All existing critical
users connected to, or discharging into, a sewerage system must apply for a
wastewater discharge permit within one hundred eighty days after the effective
date of the ordinance codified in this chapter, except for subsection D of this
section which shall be ninety days after notification by the public works
director. For purposes of this chapter, "critical user" means any user whose
user classification is identified in the Standard Industrial Classification
(SIC) Manual in any of Divisions, A, B, D, E and I and who (A) has a discharge
flow of fifty thousand gallons or more per average workday, or (B) has a flow
greater than five percent of the flow ir. the city's wastewater treatment system,
or (C) has in user's wastes toxic pollutants in toxic amounts as defined in
standards issued under Section 307 (a) of the Federal Act, or (D) is found by
43
the public works director to have significant impact, either singularly or in
combination with other contribi:ting industries, on the treatment or sewerage
collection system, (Prior code § 20-28(a))
13.12 .440
Discharge permit—Optional. The public works director may issue a wastewater
discharge permit to any user in accordance with the terms of this article in the
following categories:
A. A user who requires the user charges and fees to be based on an estimation
of wastewater flow;
B. Any user whose wastewater strength is less than the normal range for the
user classification because of pretreatment, process changes or other reasons;
C. Any single dwelling, office, commercial business, lodge, apartment,
church or multi -use building user who discharges only domestic waste. (Prior
code § 20-28(b))
13.12.450
Discharge permit—Application.
A. Users seeking a wastewater discharge permit shall complete and file with
the public works director an application in the form prescribed by the public
works director, and accompanied by the any applicable fees. The applicant may
be required to submit, in units and terms appropriate for evaluation, the
following information:
1. Name, address and SIC number of applicant;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics including, but not limited to,
those mentioned in Article XI of this chapter;
44
4
5.
Time and duration of discharge;
Average and thirty -minute peak wastewater flow rates, including daily,
:monthly and seasonal variations, if any;
6. Any other information determined necessary by the public works director
to evaluate the permit application. This may include, but is not limited to, the
following:
a. Site plans, floor plans, mechanical, and plumbing plans, water supply and
discharge information and details to show all sewers and appurtenances by size,
location and elevation,
b. Description of activities, facilities and plant process on the premises
including all materials, processes and types of materials which are, or could
be, discharged,
C. Each product produced by type, amount and rate of production,
d. Number of employees and hours of work.
B. The public works director will evaluate the data furnished by the user and
may require additional information. After evaluation and acceptance of the data
furnished, the public works director may issue a wastewater discharge permit
subject to terms and conditions provided in this article. (Prior code S
20-28(c))
13.12.460
Discharge permit—Conditions. Wastewater discharge permits be expressly
subject to all provisions of this chapter and all other regulations, user
charges and fees established by the city council. The conditions of wastewater
discharge permits shall be uniformly enforced by the public works director or
assigned agent in accordance with this chapter, and applicable state and federal
regulations. Permits may contain the following: A. The unit charge or
schedule or user charges and fees for the wastewater to be discharged to the
45
R
sewerage system;
B. The collection of connection fee, inspection fee and prepayment for the
prorated portion of annual user charges, if collected annually;
C. The average and maximum wastewater characteristics;
ti
D. Limits on rate and time of discharge or requirements for flow regulations
and equalization;
B -s. Requirements for installation of inspection, monitoring, and sampling
facilities;
E. -F. Pretreatment requirements;
F - G, Specifications for monitoring programs which may include sampling
--
locations, frequency and method of sampling, number, types and standards for
tests and reporting schedule;
GrH. Requirements for submission of technical reports or discharge reports;
E-? Requirements for maintaining plant records relating to wastewater
discharge as specified by the city, and affording the city access thereto;
3E -J. Mean and maximum mass emission rates, or other appropriate limits when
incompatible pollutants (as defined in Article I of this chapter) are proposed
or present in the user's wastewater discharge;
3.K. Other conditions as deemed appropriate by the g Teeter-ef public works
director to ensure compfiance with this chapter and federal and state
regulations. (Prior code 5 20-28(d))
13.12.470
Discharge permit -Term -Changes Renewal. Permits shall be issued for a `
specified time period, not to exceed five years. A permit may be issued for a
period less than a year or may be stated to expire on a specific date. €f -the
user -is-" *Pr -mins fir- the-eity- thin ty-day s -p r i oo r -to -the- -ei�ri-t-e-t-i"
of--the--permit ;--the•-permit--shaky-4e--extendedor-add itfenaf- •- A user
46
discharging after the expiration date of the Pemit shall be considered in
violation of this chapter. It is the responsibility of the user to a�Iy for a
new discharge remit 60 days before the expiration date of their existing
permit. The terms and conditions of the permit may be subject to modification
and change by the city during the life of the permit, as limitations or
requirements stipulated in Artie+.e-M--vf this chapter are modified and changed.
The user shall be informed of any proposed changes in user's permit at least
thirty days prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance. (Prior
code S 20-28(e) )
13.12.480
Discharge permit -Transfer. Wastewater discharge permits are issued to a
specific user for a specific operation. A wastewater discharge permit shall not
be assigned, transferred or sold to a new owner, new user, different premises
or a new or changed operation without prior written approval of the public works
director. (Prior code 5 20-29(f))
13.12.490
Discharge permit—Suspension. A permit may be temporarily suspended at any
time if it is the public works director's opinion that the continued discharge
of the waste or water into the sewerage system would substantially jeopardize
the ability of the treatment facilities or sewerage system to meet water quality
requirements or would cause an unsafe condition to occur. In lieu of temporary
suspension of permits, the public works director may impose such temporary
restrictions, conditions or limitations upon the quantities, qualities and rates
of discharge made thereunder as deemed necessary to assure that the receiving
water quality requirements will not be violated or to alleviate the unsafe
47
condition. Notice of the temporary suspension or the imposition of temporary
restrictions, conditions or limitations shall.be given in writing by the public
works director to the permittee at least twenty-four hours prior to their
effective, date. Delivery of the notice to the permittee's place of business
shall constitute delivery of notice to permittee. (Prior code 5 20-28(g))
13.12.500
Discharge permit—Revocation. Any user who violates the following conditions
of the permit or of this chapter, or applicabie state and federal regulations,
is subject to having this permit revoked:
A. Failure of a user to factually report the wastewater constituents and
characteristics of their discharge;
B. Failure of the 'user to report in advance significant changes in operations
or wastewater constituents and characteristics;
C. Refusal of reasonable access to the user's premises and/or records for the
purpose of inspection or monitoring of all possible sources of pollution;
D. Failure to pay wastewater bill;
E. Violation of conditions of the permit. (Prior code § 20-28(h))
13.12.510
Monitoring facilities.
A. The public works director may require the user to construct. and maintain,
at the user's expense, monitoring facilities which meet all government safety `
regulations (OSHA) to allow inspection, sampling and flow measurement of the
building sewer or internal storm drainage systems and may also require sampling
or metering equipment to be provided, installed, operated and maintained at the
user's expense. The nonitoring f-�cility should normally be situated on the
48
user's premises, but the public works director may, when such a location would
be impractical or cause undue hardship on the user or the city, require the
facility to be constructed in the public right-of-way and located so that it
will not ,be obstructed by landscaping or parked vehicles.
B. When the monitoring facility is inside the user's fence, there shall be
accommodations to allow access for the public works director or designated
representative, such as a gate secured with a city lock. There shall be ample
room in or neer such monitoring facility to allow accurate sampling and
compositing of samples for analysis. The monitoring facility shall be maintained
at all times in a safe and proper operating condition at the expense of the
user.
C. Whether constructed on public or private property, plans and
specifications shall be approved by the public works director and be in
accordance with all applicable city construction standards and specifications,
Construction shall be completed within sixty days following written notification
by the city, unless a time extension is otherwise granted by the city. (Prior
code 5 20-29)
13.12.520
Inspection,_ -atm sampling, monitoring, and analysis. The public works director
or designated representative may inspect the facilities of any user to ascertain
whether the purpose of this chapter is being met and all requirements are being
complied with. Persons or occupants of premises where wastewater is created or
discharged shall allow the public works director or ajent designated
representative ready access at all reasonable times to all parts of the premises
for the purposes of inspection or sampling or in the performance of any of their
duties. The public works director or designated representative shall have the
right to set up on the user's property such devices as are necessary to conduct
49
sampling or metering operations and be allowed to Cow anY of the user's
discharge records per 40 CFrR 403.12(1)(2), Where a user has security measures
in force which would require proper identification and clearance before entry
into their premises, the user shall make necessary arrangements with its
security guards so that upon presentation of suitable identification, the public
works director or designated representative will be permitted to enter without
delay for the purposes of performing their specific responsibilities. Me user
will be charged a fee to recover the costs for inspections (investigations)
sampling, monitoring, and analyses re r f o rmerd by the city for s e s of billing
and insuzing compliance with all regulations, (Prior code 5 20-30)
13.12.530
Accidental discharge prevention.
A. Each user shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this chapter. Such facilities shall be
provided and maintained at a level of operation comparable to that of the
original construction at the user's expense. Detailed plans showing facilities
and operating procedures to provide this protection shall be submitted to the
public works director before construction of the facility.
B. The review of such plans and operating procedures by the public works
director will in no way relieve the user from the responsibility of modifying
the facility to provide the protection necessary to meet the requirements of
this chapter. (Prior code 5 20-31)
13.12.540
Confidential information.
A. All information and data on a user obtained from reports, questionnaires,
permit application, permits and monitoring programs and from inspections shall
50
be available to the public or other governmental agency without restriction
unless the user specifically requests and is able to demonstrate to the
satisfaction of the public works director that the release of such information
would divulge information, processes or methods that would be detrimental to the
user's competitive position.
B. When requested by the person furnishing a report, the portions of a report
which might disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made available to
governmental agencies for use in making studies; provided, however, that such
portions of a report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be recognized
as confidential information,
C. Information accepted by the public works director as confidential shall
not be transmitted to any governmental agency or to the general public by the
public works director, until andunless prior and adequate notification is given
to the user. (Prior code S 20-32)
13.12.550
Special agreements. Special agreements and arrangements between the city and
any persons or agencies may be established when, in the opinion of the city
council, unusual or extraordinary circumstances compel special terms and
conditions. However in no case may federal pretreatment standards be waived or
modified, (Prior code § 20-33)
Article VIII. Enforcement
13.12.560
Accidental discharge notice.
59.
A. Notice to Authorities.
1. Users shall notify the Water/ Wastewater Superintendent Natarfwastewater
superintendent o,r the White Slough Water Pollution Control Facilities ( WSW?CF )
personnel immediately by telephone or in person, or by calling the Public Works
Department 24 hr emergency number, upon accidentally discharging wastes in
violation of this chapter, or in violation of a city -issued discharge permit to
enable countermeasures to be taken by the city to minimize damage to the
sewerage system, treatment facility, treatment processes and/or the receiving
water.
2. This notification shall be followed, within ten calendar days of the date
of occurrence, by a detailed written statement to the public works director
describing the cause, location, type, volume, concentration, date, time, and
duration of the accidental discharge, measures taken to correct the problem, and
steps taken to prevent future occurrence.
3. Such notification will not relieve users of liability for any expense,
loss or damage to the sewerage system, treatment plant, or treatment process,
or for any fines imposed on the city on account thereof under Section 13350 of
the California Water Code or for violations of Section 5650 of the California
Fish and Game Code.
B. Employee Training. In order that employees of users be informed of the
city's requirements, users shall make available to their employees copies of
this chapter, together with such other wastewater information and notices which
may be furnished by the city from time to time directed toward more effective
water pollution control. A notice shall be furnished and permanently posted on
the user's bulletin board advising employees whom to call in case of an
accidental discharge in violation of this chapter. (Prior code § 20-34)
13.12.570
52
Cease and desist order. When the city finds that a discharge of wastewater
has taken place in violation of prohibitions or limitations of this chapter, or
the provisions of a wastewater discharge permit, the public works director may
issue an order to cease and desist, and direct those persons not complying with
such prohibitions, limits, requirements, or provisions, to: A. Comply
forthwith;
B. Comply in accordance with a time schedule set forth by the city; or
C. Take appropriate remedial or preventive action in the event of a
threatened violation. (Prior code § 20-35)
13.12. 580
Compliance timetable. When the city finds that a discharge of wastewater has
been taking place, or is threatening to take place, in violation of prohibitions
or limitations prescribed in this chapter, or wastewater source control
requirements, effluent limitations or pretreatment standards, or the provisions
of a wastewater discharge permit, the city may require the user to submit for
approval, with such modifications as it deems necessary, a detailed time
schedule of specific actions, which the user shall take in order to prevent or
correct a violation of requirements. (Prior code 5 20-35)
13.12. 590
Appeals.
A. Any user, permit applicant, or permit holder affected by any decision,
action or determination, including cease and desist orders, made by the public
works director, interpreting or implementing the provisions of this chapter or
in any permit issued in this chapter, may file with the public works director
a written request for reconsideration within twenty days of such decision,
action or determination, setting forth in detail the facts supporting the user's
53
request for reconsideration. The public works director may accept the
application, reject the application for sound reasons or direct the applicant,
at applicant's sole expense, to maintain and operate in a manner satisfactory
to the public works director such indicating or integrating meters as may be
required to properly measure the flow, establish sampling equipment, tests and
procedures satisfactory to the public works director to determine the
characteristics of the wastes.
B. If the ruling made by the public works director is unsatisfactory to the
person requesting reconsideration, the person may, within twenty days after
notification of the city's action, file a written appeal to the city council.
The written appeal shall be heard by the council within twenty days from the
date of filing, The city council shall make a final ruling on the appeal within
twenty days of the hearing. The public works director's decision, action or
determination shall remain in effect during such period of reconsideration,
(Prior code 5 20-37)
13.12.600
Liability. Any person, firm or corporation, or any partner, officer, agent
or employee thereof, who deposits or permits to be deposited into the city's
sewerage system crany wastes other than those
permissible under the terms of this chapter and the terms of a valid permit
granted under this chapter is liable for any and all damage caused to the city
by virtue of such act, including compensation for damage to the city's
facilities, and all costs of any legal fees, suits or judgments against the city
which may be attributable to such wastes so discharged. (Prior code 5 20-38)
13.12.610
54
Injunction. Whenever a discharge of wastewater is in violation of the
provisions of this chapter or otherwise causes or threatens to cause a condition
of contamination, pollution or nuisance, the city may petition the superior
court for the issuance of a preliminary or permanent injunction, or both, as may
be appropriate in restraining the continuance of such discharge. (Prior code S
20-39)
13.12.620
Damage to Faeiiities sewerage system Charge. When a discharge of wastewaters
or any other substance causes an obstruction, damage or any other impairment to
the city's -facilities sewerage system, the city shall assess a charge against
the user for the work, materials, and services required to clean or repair the
faet}ity-affected portions of the sewerage system. (Prior code § 20-40)
13.12.630
civil penalties. Any person who violates any provision of this chapter or
permit condition or who discharges wastewater which causes pollution, or who
violates a cease and desist order, prohibition, effluent limitation, national
standard of performance, pretreatment or toxicity standard shall be liable
civilly to a penalty not to exceed six thousand dollars for each day in which
such violation occurs. The city attorney, upon order of the city council, shall
petition the superior court to impose, assess and recover such sums. (Prior code
§ 20-41)
13.12.640
Termination of service. The city may revoke any wastewater discharge
permit, or terminate or cause to be terminated wastewater service to any
premises, if a violation of any provisions of this chapter is found to exist
55
or if a discharge of wastewater causes or threatens to cause a condition of
contamination, pollution or nuisance as defined in this chapter. The city
also reserves the right to imnediately disconnect any user, upon informal
notice only, in the event of an unlawful discharce which may cause imminent
dander to human health, the environment, or which threatens to interfere with
the treatment plants operation. This provision is in addition to other
statutes, rules or regulations, authorizing termination of service for
delinquency in payment.
(Prior code � 20-42)
13.12.650
Public notice of violation, In accordance with Federal Pretreatment
Regulations 40 CFR 403 the city shall publish, at least annually in the
largest daily newspaper circulated in the service area, a description of
those industrial users which are found to be in significant violation with
any provisions of this chapter or any permit or order issued hereunder during
the period since the previous publication.
W.
SECTION 2. All ordinances and parts of ordinances in conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
lis Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
1
Approved t h i s day of
s
JOHN R. SNMER
Attest : Mayor
AL I C E M. REIMCHE
City Clerk
-------------- --------------------
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of todi, do herebycertify
that Ordinance No. 1501 was introduced at a regular meeting of the City
Council of the City of todi held November 7, 1990 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Counci i held , 1990 by the following vote:
Ayes : Council Members -
Noes : Council Members -
Absent : Council Members -
Abstain: Council Members -
57
I further certify that Ordinance No. 1501 was approved and si1ed by
the Mayoron the date of i t s passage and the samehas been pUT1 i shed
pursuant to law.
ALICE M. REIMCHE
City Clerk
Approved as t o Form
BOBBY W. McKATT
City Attorney
58
CITY O�,_ LODI
�� . CARNEGIE FORUM
cw
305 West Pine Street. Lodi
t4'_^'%TICE OF PUBLIC HEARING
Date: November 7, 1990
Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M Reimche
City Clerk
Telephone: 333-6702
NOTICE OF PUBLIC HEARING
November 7, 1990
NOTICE S HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as
soon thereafter as the matter may be heard, the City Council will conduct a
public hearing to consider the following matter:
The City's Sewer Ordinance, Chapter 13.12 of the Lodi Municipal Code,
to meet the requirements of the Environmental Protection Agency for
the City's industrial pre-treatment program.
Information regarding this item including a summary of the
proposed changes may be obtained in the office of the Public
Works Department at 221 West Pine Street, Lodi, California.
All interested persons are invited to present their views and comments on this
matter. Written statements may be filed with the City Clerk at any time prior
to the hearing scheduled herein. and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing described in
this notice or in written correspondence delivered to the City Clerk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
Alice M. Reimche
City Clerk
Dated: October 3, 1990
Approved as to form:
�---�obl3y W. Nv cN�tL
City Attorney